Who is referred to as 'Landlord' in the Marble Slab Creamery lease assignment agreement?
Marble_Slab_Creamery Franchise · 2025 FDDAnswer from 2025 FDD Document
Landlord shall be entitled to rely upon any notice from Franchisor and shall be protected with respect to any claim made by Franchisee with respect to such notice, irrespective of whether a dispute exists between Franchisor and Franchisee with respect to the existence of a default or the rights of Franchisor hereunder.
Franchisor hereby agrees not to name Landlord as a party defendant in any action filed for the purpose of enforcing its rights hereunder.
The payment of rent to Landlord in connection with any such notice and the performance of obligations under the Lease to or for the benefit of Landlord shall not cause Franchisor to assume or be bound by the provisions of such Lease including but not limited to the duty to pay any future rents.
Franchisee agrees to indemnify, defend and hold Landlord harmless from and against any and all loss, claims, damage or liability arising out of any claim with respect thereto.
Franchisor shall not become liable to Landlord for the performance of any obligations of the tenant under the Lease, notwithstanding its issuance of an Election Notice, unless and until Franchisor shall have obtained possession of the Property, and in no event shall Franchisor be liable to Landlord for any obligations which accrued under the Lease prior to the date Franchisor so obtains possession.
Nothing contained in this Agreement shall constitute a waiver by Landlord of any recourse of Landlord against Franchisee for unpaid amounts owed under the Lease.
Consent.
Landlord hereby consents to the assignment of the Lease to Franchisor as herein provided.
The foregoing consent is subject to each and all of the following terms and conditions:
- (a) such consent shall not constitute a waiver of Landlord's right to consent to future assignments, subleases or transfers, or a waiver of any other provision of the Lease;
Source: Item 23 — RECEIPT (FDD pages 101–346)
What This Means (2025 FDD)
According to the 2025 Marble Slab Creamery Franchise Disclosure Document, 'Landlord' refers to the entity that owns the property being leased to the franchisee. In the context of the lease assignment agreement, the Landlord's consent is required for the assignment of the lease to Marble Slab Creamery as the franchisor. This consent does not waive the Landlord's right to approve future assignments or any other lease provisions.
The franchisor is entitled to full credit under the lease for any rents paid to the Landlord, as if the franchisee directly paid those rents. The franchisee is prohibited from agreeing to increase rent, canceling or modifying the lease, or assigning the lease without the franchisor's written consent. The Landlord must also send copies of any notices or statements related to the lease to the franchisor at the same time they are sent to the franchisee, giving the franchisor the right, but not the obligation, to cure any default claimed by the Landlord.
Marble Slab Creamery also agrees not to name the Landlord as a defendant in any action filed to enforce its rights. The franchisee is responsible for indemnifying and defending the Landlord against any losses or liabilities arising from claims related to the agreement. The franchisor does not become liable to the Landlord for the franchisee's obligations under the lease until the franchisor takes possession of the property. This section clarifies the relationship and obligations of the franchisee, franchisor, and Landlord in the context of the lease agreement for the Marble Slab Creamery location.